By Bruce Asemota
The Supreme Court of The Gambia yesterday referred the case Sheriffo Sonko, chairman of the Brikama Area Council and the Independent Electoral Commission to the High Court to formulate issues for determination.
A few months ago, Justice Haddy C Roche referred the said matter to the Supreme Court to determine the constitutional validity of provisions of the Local Government Act relating to the termination of a chairman.
However, the Supreme Court pointed out that the said case was sent to them without formulating any issue to analyze for determination.
Therefore, the Supreme Court presided over by Chief Justice Hassan B. Jallow, Justice R.G. Sock, Justice Mam M. Sey, Justice Awa Bah and Justice E.F M’bai referred the matter back to the presiding judge to formulate issues for determination, noting that the said court cannot determine the matter without any issues being formulated.
The matter was adjourned to 30th November, 2020 for mention.
Meanwhile at the same sitting, Supreme Court heard the case, the State vs Yankuba Touray which the High Court requested it to determine whether Yankuba Touray is entitled to a constitutional immunity from prosecution.
At the court sitting, four lawyers expressed interest in joining the case and informed the court that they have submissions to make regarding the case.
They are Barrister Salieu Taal, Abdoulie Fatty, Gaye Sowe and Neneh Cham Chongan.
The Supreme Court ordered the parties including the State and the defence to file their briefs of arguments before adjourning the matter to 2nd December for mention and to 4th December, 2020 for hearing.